Kluwer Copyright Blog

FEBRUARY 22, 2022

In this post, we offer an overview of the project to date, stratified across CREATe’s core research themes : Creative Industries , the Public Domain , and Competition and Markets. Public Domain. In a wider sense, what is public and what is private has important innovation and societal effects.

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Kluwer Copyright Blog

DECEMBER 5, 2022

As a result, AR may be attractive not only to potential users of the cultural heritage-related services, but also for market operators with commercial interests. However, as mentioned, AR can also be developed by third parties, and in particular by market operators that have no initial connection with bodies managing cultural heritage.

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The IPKat

JULY 22, 2021

The title of this book clearly sets out its premise: trademark protection has encroached into what used to be solely copyright’s domain, resulting in an undesirable over-protection of works which impoverishes the public domain and restricts others’ creative endeavours.

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Trademark Public Domain Copyright Cease and Desist 57

Kluwer Copyright Blog

APRIL 5, 2023

Opposing the claimants’ arguments, Ravensburger challenged the cross-border application of Italian law, alleging that the claims conflict with article 14 of Copyright Directive in the Digital Single Market (CDSM) Directive since they attempt to unlawfully impose property assertions on public domain works. 633/1941, l.

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The IPKat

NOVEMBER 14, 2022

a wise cat that care about environment kindly provided in CC0 Public Domain license by Pixhere.com) Having to make a selection among the many topics covered, this GuestKat finds it interesting to note that during the conference the EPO case G2/21 on 'plausibility', was repeatedly discussed from different angles.

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The IPKat

MAY 4, 2023

Further to her post of last week, Kat friend Roya Ghafele now discusses the proposed SEP regulation as published by the European Commission. The planned SEPs regulation is written from the perspective of enhancing transparency in markets for standard essential patents and fostering predictability of wireless communications markets.

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Technology & Marketing Law Blog

JANUARY 25, 2023

Though the court doesn’t have cross words for the media defendants, this apparently is another example where media publishers treated publicly available photographs as public domain photographs. However, the fact the publishers didn’t ask at all could be a defect in their rights clearance process.

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Kluwer Copyright Blog

DECEMBER 11, 2023

Here the final version is a clear improvement over the original Parliament text as it no longer suggests that model providers need to distinguish between copyright-protected and public domain training materials and then apply different transparency standards to both, which would be unworkable.

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Technology & Marketing Law Blog

DECEMBER 27, 2023

His defense is that the work he used was free for all; after his victory, that work remains in the public domain for others to build upon. As noted above, a webpage openly published on the Internet still requires a viewer to click on its URL before it may be seen. ” The entire justification for why Rule 8.4

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IP Advertising Advertising Copyright 72

Velocity of Content

APRIL 21, 2022

When I was a young reader, my mother used to buy me collections of “classics” — mostly 19 th novels in the public domain – that were out of copyright due to their terms having expired. Whitman Publishing ran these, in cheap hardcovers, while Airmont Classics covered the same ground in paperbacks.

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Kashishipr

MAY 25, 2022

Patent Rights exclude others in the industry or market from manufacturing, using, selling, distributing, or importing the patented product or process. By performing a patent search, you can get an indication of what all information is available and accessible in the public domain concerning the proposed invention.

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Patently-O

AUGUST 10, 2021

Feldman has also just published a short article in Nature Biotechnology titled Negative Innovation: When Patents are Bad for Patients. (Co-authored Since the low dosage approach is in the public domain, no private company has sufficient incentive to seek and obtain FDA approval. Co-authored with Profs.

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Larson & Larson

FEBRUARY 13, 2021

The term covers anything that was sold in public, used publicly, described in a magazine or similar publication, or already has a patent on file with the patent office. It also includes designs that have been published anywhere in the world or things that have been used anywhere in the world. Exceptions.

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The IPKat

JANUARY 18, 2022

Also, there are numerous rulings in Italy along the lines of the one commented on herein which have held the requirement of periculum in mora to be absent when (any form of) marketing had already been started by the applicant. So much for commercial certainty, says Merpel. license.

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LexBlog IP

DECEMBER 14, 2023

1] In light of criticism following the announcement of the political deal – and renewed warnings that the AI Act risks hampering innovation in the European market – there may still be room for debate over the final terms of the AI Act before ratification. [2]

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Patently-O

JANUARY 25, 2022

This trade-secrecy decision includes a few interesting holdings: Published and Widely Distributed, but Still a Trade Secret : The fact that information was found in a prior publication “that has been cited over 1,200 times. by Dennis Crouch. Masimo Corp. True Wearables, Inc. ( 2022 ) (nonprecedential).

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Public Domain Patent Application Confidentiality Patent 133

IP and Legal Filings

OCTOBER 4, 2022

However, with the publication on 23 October 2012 of UAE Federal Law No. 4 of 2012 Concerning Regulation of Competition all businesses with operations in the UAE or supplying goods and services to the UAE market will have to ensure that they focus on and comply with the provisions of this new law. image Source : Medium Blog].

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The IPKat

SEPTEMBER 15, 2022

The Russian Ministry of Industry and Trade published a list of goods and brands, for which national regime of exhaustion of patents (section 6 Article 1359 of the Civil Code) and trademarks (Article 1487 of the Civil Code) will no longer apply. International license.

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SpicyIP

MARCH 15, 2022

We are pleased to bring you a guest post by Mili Baxi, on the development of a publisher’s right in digital media. European Union and Australian Approach for Press Publishers’ Interest. Mili is a graduate of Institute of Law, Nirma University, currently completing her LLM at LSE.

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Kluwer Copyright Blog

MARCH 14, 2022

Attempting to pre-empt the advancement of AI in the late 1980s, they reflect neither the contemporary technological reality of algorithmic and ML achievements nor our shared expectations from technological and market developments. Attaching to that output long term proprietary claims risks paralysing the public domain.

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IP Public Domain Copyright Intellectual Property 60

Kluwer Copyright Blog

OCTOBER 17, 2023

Apart from revolutionizing the creative markets, the ability to obtain new artworks with an increasing marginalization of human contribution has inevitably tested the fitness of copyright legislations all over the world to deal with the so-called “artificial intelligence” (‘AI’). ChatGPT , Smodin ), to perform music (i.e., Secondly, para.

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SpicyIP

JULY 17, 2023

The court held that though the mark ‘USCO’ is not registered by the plaintiff, its goods were available in the market under “ITR” mark in association with “USCO” mark and the plaintiff is the prior user of the mark. The plaintiff further argued that he was the lawful successor to the personality rights of the late actor.

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Copyright Lately

AUGUST 25, 2023

For purposes of a copyright registration, “unclaimable material” has historically included four types of material: Previously published material. Material that is in the public domain. Strike or no strike, no one wants to spend millions of dollars to produce and market a work that they can’t fully protect.

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Larson & Larson

JUNE 21, 2021

The publication date, for instance, plays a considerable role in copyright protection. Copyright law provides that for any work published after 1977, the copyright protection will last during the author’s lifetime plus an additional seventy years. . The duration of copyright protection is often date and fact-sensitive.

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Technology & Marketing Law Blog

MAY 13, 2024

And that, in turn, further restricts what should be in the public domain and gives companies power to create property rights where none are otherwise granted in the law. When it first was published, Eric did an excellent job summarizing the opinion in this post. March 25, 2024). Center for Countering Digital Hate, Inc.

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Blogging Contracts Cease and Desist Social Media 95

Biswajit Sarkar Copyright Blog

JULY 19, 2022

Additionally, they have the final say in how their work is published, broadcast, streamed, adapted, and exhibited. Exclusive rights may inspire producers to produce more works to share with the public. Because their effort might be beneficial for the improvement of their life, the general public may also profit from it.

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Copyright Infringement Copyright Public Domain Copying 52

IP and Legal Filings

JANUARY 29, 2023

It is to be made sufficiently clear that the aforementioned creations ought to be original and independent, rather than a slightly altered version of the creation already in the public domain, to instill looking into the prospects of copyrightability. Re-Examining The Copyright Ownership Of Player Created Content, GNLU L. & Tech.

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Copyright Ownership Publishing Copyright Infringement 76

LexBlog IP

APRIL 11, 2023

The patent system enables the protection of innovative ideas, and newly published patent applications provide a glimpse into the future of technology and innovation. However, the good news is eventually this plant will become part of the public domain and accessible to everyone. Now, here’s where it gets interesting.

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The IPKat

FEBRUARY 17, 2022

Against that background, Alex Ross , the music critic of The New Yorker magazine, has argued that the "Joe Rogan affair" also highlights the imbalance of power between creators, on the one hand, and the publishers/commercializers/distributors, on the other. Both pictures are in the public domain.

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The IPKat

NOVEMBER 12, 2021

The application was published for opposition on 27th March 2020. The state of the register alone is not sufficient evidence – it all comes down to use in the market. Pictures of marks are in the public domain. Lastly, Little Hare Gin requested an award of costs off the scale. The Hearing Officer rejected this request.

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Kluwer Copyright Blog

DECEMBER 20, 2022

This contribution is based on a paper published in 44 European Intellectual Property Law Review 595 (2022). . Photographs that do not meet the abovementioned creativity threshold do not automatically fall in the public domain, but are protected by a related right as simple photographs. Photo by Soragrit Wongsa on Unsplash.

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IIPRD

FEBRUARY 19, 2021

In terms of preparation, it is similar to other ready-to-eat soup mixes available in the market but what makes it different from the rest is its contents and the combination of materials used. The claim of the applicant should not be the one existing in the public domain at the date of filing of an application. Conclusion.

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Copyright Lately

AUGUST 2, 2022

And unlike the vast majority of songwriters and performing artists who have relinquished ownership rights to musical publishers and record labels, Barlow & Bear decided to release “The Unofficial Bridgerton Musical” themselves, which means keeping more of the earnings. Even better, it’s in the public domain.

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Music Derivative Work Fair Use Cease and Desist 104

Technology & Marketing Law Blog

DECEMBER 13, 2023

And “[i]f unauthorized publication is the gravamen of [the plaintiffs’] claim, then it is clear that the right they seek to protect is coextensive with an exclusive right already safeguarded by the Act—namely, control over reproduction and derivative use of copyrighted material.” Harper & Row Publishers, Inc. Nation Enters. ,

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Kluwer Copyright Blog

JUNE 30, 2021

The court found that three out of four fair use factors i.e. the purpose and character of the use, the amount and substantiality of the portion used, and the effect on the potential market, weighed in favor of fair use (with the remaining factor, i.e. the nature of the copyrighted work, being considered neutral and favoring neither party).

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Kluwer Copyright Blog

DECEMBER 7, 2022

8 may apply for AR that is not developed for commercial purposes, thus all initiatives developed by third parties that are market operators are excluded. published in Grur. Finally, the CDSM Directive contains several clauses of interest for AR development: Art. 3 and Art. More precisely, Art. 2022, 618ff. by Alexander Puutio. €

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The IPKat

JUNE 26, 2022

The application should indicate whether the contribution has already been published or is a work in progress and whether the author(s) is(are) available to join the conference in person or online. Abstracts, no longer than 300 words, should be sent to copyrightflexibilities@gmail.com by 30 June 2022.

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